KARUTZ v. CHICAGO TIT. INS.


112 Misc.2d 815 (1981)

Wallace S. Karutz, Respondent-Appellant, v. Chicago Title Insurance Co., Appellant-Respondent.

Supreme Court, Appellate Term, Second Department.

July 7, 1981


Attorney(s) appearing for the Case

Carol Lilienfeld and Samuel Kirschenbaum for appellant. S. Edmund Resciniti for respondent.

JONES, J., concurs; PINO, P. J., taking no part.


HIRSCH, J.

The query presented upon this appeal, apparently one of first impression, is the right of a court to assess counsel for a disclosure-seeking party because of unreasonable conduct.

Plaintiff commenced an action to recover $6,678.34 from defendant based upon defendant's alleged negligent performance of a title search and preparation of a related title report. Approximately 10 months after issue was joined, plaintiff filed a notice of...

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